Capitol Building Maryland Register

Issue Date:  October 23, 2022

Volume 49 •  Issue 22  • Pages 969 — 988

IN THIS ISSUE

Regulations

Errata

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before October 3, 2022 5 p.m.
 
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of October 3, 2022.
 
Gail S. Klakring
Acting Administrator, Division of State Documents
Office of the Secretary of State

Seal

Information About the Maryland Register and COMAR

MARYLAND REGISTER

   The Maryland Register is an official State publication published every other week throughout the year. A cumulative index is published quarterly.

   The Maryland Register is the temporary supplement to the Code of Maryland Regulations. Any change to the text of regulations published  in COMAR, whether by adoption, amendment, repeal, or emergency action, must first be published in the Register.

   The following information is also published regularly in the Register:

   • Governor’s Executive Orders

   • Attorney General’s Opinions in full text

   • Open Meetings Compliance Board Opinions in full text

   • State Ethics Commission Opinions in full text

   • Court Rules

   • District Court Administrative Memoranda

   • Courts of Appeal Hearing Calendars

   • Agency Hearing and Meeting Notices

   • Synopses of Bills Introduced and Enacted by the General Assembly

   • Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

   The Maryland Register is cited by volume, issue, page number, and date. Example:

• 19:8 Md. R. 815—817 (April 17, 1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register issued on April 17, 1992.

CODE OF MARYLAND REGULATIONS (COMAR)

   COMAR is the official compilation of all regulations issued by agencies of the State of Maryland. The Maryland Register is COMAR’s temporary supplement, printing all changes to regulations as soon as they occur. At least once annually, the changes to regulations printed in the Maryland Register are incorporated into COMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONS

   COMAR regulations are cited by title number, subtitle number, chapter number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10, Subtitle 08, Chapter 01, Regulation 03.

DOCUMENTS INCORPORATED BY REFERENCE

   Incorporation by reference is a legal device by which a document is made part of COMAR simply by referring to it. While the text of an incorporated document does not appear in COMAR, the provisions of the incorporated document are as fully enforceable as any other COMAR regulation. Each regulation that proposes to incorporate a document is identified in the Maryland Register by an Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or Repealed, found online, also identifies each regulation incorporating a document. Documents incorporated by reference are available for inspection in various depository libraries located throughout the State and at the Division of State Documents. These depositories are listed in the first issue of the Maryland Register published each year. For further information, call 410-974-2486.

HOW TO RESEARCH REGULATIONS

An Administrative History at the end of every COMAR chapter gives information about past changes to regulations. To determine if there have been any subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf. This table lists the regulations in numerical order, by their COMAR number, followed by the citation to the Maryland Register in which the change occurred. The Maryland Register serves as a temporary supplement to COMAR, and the two publications must always be used together. A Research Guide for Maryland Regulations is available. For further information, call 410-260-3876.

SUBSCRIPTION INFORMATION

   For subscription forms for the Maryland Register and COMAR, see the back pages of the Maryland Register. Single issues of the Maryland Register are $15.00 per issue.

CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS

   Maryland citizens and other interested persons may participate in the process by which administrative regulations are adopted, amended, or repealed, and may also initiate the process by which the validity and applicability of regulations is determined. Listed below are some of the ways in which citizens may participate (references are to State Government Article (SG),

Annotated Code of Maryland):

   • By submitting data or views on proposed regulations either orally or in writing, to the proposing agency (see ‘‘Opportunity for Public Comment’’ at the beginning of all regulations appearing in the Proposed Action on Regulations section of the Maryland Register). (See SG, §10-112)

   • By petitioning an agency to adopt, amend, or repeal regulations. The agency must respond to the petition. (See SG §10-123)

   • By petitioning an agency to issue a declaratory ruling with respect to how any regulation, order, or statute enforced by the agency applies. (SG, Title 10, Subtitle 3)

   • By petitioning the circuit court for a declaratory judgment

on the validity of a regulation when it appears that the regulation interferes with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)

   • By inspecting a certified copy of any document filed with the Division of State Documents for publication in the Maryland Register. (See SG, §7-213)

 

Maryland Register (ISSN 0360-2834). Postmaster: Send address changes and other mail to: Maryland Register, State House, Annapolis, Maryland 21401. Tel. 410-260-3876; Fax 410-280-5647. Published biweekly, with cumulative indexes published quarterly, by the State of Maryland, Division of State Documents, State House, Annapolis, Maryland 21401. The subscription rate for the Maryland Register is $225 per year (first class mail). All subscriptions post-paid to points in the U.S. periodicals postage paid at Annapolis, Maryland and additional mailing offices.

Lawrence J. Hogan, Jr., Governor; John C. Wobensmith, Secretary of State; Gail S. Klakring, Administrator; Mary D. MacDonald, Senior Editor, Maryland Register and COMAR; Elizabeth Ramsey, Editor, COMAR Online, and Subscription Manager; Tami Cathell, Help Desk, COMAR and Maryland Register Online.

Front cover: State House, Annapolis, MD, built 1772—79.

Illustrations by Carolyn Anderson, Dept. of General Services

 

     Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland). By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.


 

 

Closing Dates for the Maryland Register

Schedule of Closing Dates and Issue Dates for the
Maryland Register .....................................................................  972

 

COMAR Research Aids

Table of Pending Proposals ...........................................................  973

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

08        Department of Natural Resources .............................  979, 981

09        Maryland Department of Labor ...............................  979, 1651

10        Maryland Department of Health ................................  975, 982

11        Department of Transportation ............................................  979

15        Maryland Department of Agriculture ................................  976

18        Department of Assessments and Taxation ........................  980

26        Department of the Environment ........................................  980

33        State Board of Elections ....................................................  978

 

PERSONS WITH DISABILITIES

Individuals with disabilities who desire assistance in using the publications and services of the Division of State Documents are encouraged to call (410) 974-2486, or (800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.

 

Emergency Action on Regulations

10  MARYLAND DEPARTMENT OF HEALTH

BOARD OF NURSING — CERTIFIED NURSING
   ASSISTANTS

Certification of Nursing Assistants .......................................  975

15  MARYLAND DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

Hemp Farming Program ..  976

33  STATE BOARD OF ELECTIONS

ABSENTEE BALLOTS

Canvass of Ballots — Procedures .  978

 

Final Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Fishing Licenses—Point Assignment, License Revocation
   and Suspension Schedule and Criteria, and Hearing
  Procedure ...............................................................................  979

09  MARYLAND DEPARTMENT OF LABOR

WORKFORCE DEVELOPMENT AND ADULT LEARNING

Tax Credit for Eligible Apprentices .  979

11  DEPARTMENT OF TRANSPORTATION

MOTOR VEHICLE ADMINISTRATION —
   ADMINISTRATIVE PROCEDURES

Motor Vehicle Fees .  979

MOTOR VEHICLE ADMINISTRATION — VEHICLE
   REGISTRATION

Electronic or Digital 24-Hour Registration ..............................  979

MOTOR VEHICLE ADMINISTRATION—LICENSING OF
   BUSINESSES AND OCCUPATIONS

Dealers and Salesmen ..............................................................  979

MOTOR VEHICLE ADMINISTRATION—VEHICLE
   OPERATIONS

Authorized Emergency and Service Vehicles .  980

18 DEPARTMENT OF ASSESSMENTS AND TAXATION

PERSONAL PROPERTY ASSESSMENTS

General .....................................................................................  980

26  DEPARTMENT OF THE ENVIRONMENT

WATER POLLUTION

Water Quality ...........................................................................  980

 

 

Proposed Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

WILDLIFE

Open Seasons, Bag Limits for Game Birds and Game
   Animals .  981

10  MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Emergency Service Transporters .  982

MARYLAND HEALTHCHOICE PROGRAM

Maryland Medicaid Managed Care Program: Benefits .  982

 

Errata

COMAR 26.08.02.04-2 ................................................................  985

 

General Notices

STATE COLLECTION AGENCY LICENSING BOARD

Public Meeting .  986

MARYLAND DEPARTMENT OF HEALTH

Call for Nominations for Maryland Medicaid Drug Use
   Review (DUR) Board .  986

MARYLAND STATE LOTTERY AND GAMING CONTROL
   COMMISSION

Public Meeting .........................................................................  986

MARYLAND HEALTH CARE COMMISSION

Notice of Receipt of a Letter of Intent and Review for
   Alcoholism and Drug Abuse Intermediate Care Facility
   Beds .  987

Receipt of Certificate of Need Application .  987

WORKERS’ COMPENSATION COMMISSION

Public Meeting .  987

Public Meeting .  987

Public Meeting .  987

 

 

COMAR Online

        The Code of Maryland Regulations is available at www.dsd.state.md.us as a free service of the Office of the Secretary of State, Division of State Documents. The full text of regulations is available and searchable. Note, however, that the printed COMAR continues to be the only official and enforceable version of COMAR.

        The Maryland Register is also available at www.dsd.state.md.us.

        For additional information, visit www.dsd.state.md.us, Division of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.

 

Availability of Monthly List of
Maryland Documents

        The Maryland Department of Legislative Services receives copies of all publications issued by State officers and agencies. The Department prepares and distributes, for a fee, a list of these publications under the title ‘‘Maryland Documents’’. This list is published monthly, and contains bibliographic information concerning regular and special reports, bulletins, serials, periodicals, catalogues, and a variety of other State publications. ‘‘Maryland Documents’’ also includes local publications.

        Anyone wishing to receive ‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.

 

CLOSING DATES AND ISSUE DATES THROUGH
JANUARY 2023

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Notices, etc.

10:30 a.m.

Final

Regulations

10:30 a.m.

2022

November 4

October 17

October 24

October 26

November 18

October 31

November 7

November 9

December 2

November 14

November 21

November 23

December 16

November 28

December 5

December 7

December 30

December 12

December 19

December 21

2023

January 13

December 23**

December 30**

January 4

January 27

January 9

January 13**

January 18

 

   Please note that this table is provided for planning purposes and that the Division of State Documents (DSD) cannot guarantee submissions will be published in an agency’s desired issue. Although DSD strives to publish according to the schedule above, there may be times when workload pressures prevent adherence to it.

*   Also note that proposal deadlines are for submissions to DSD for publication in the Maryland Register and do not take into account the 15-day AELR review period. The due date for documents containing 8 to 18 pages is 48 hours before the date listed; the due date for documents exceeding 18 pages is 1 week before the date listed.

NOTE:  ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE PAGE COUNT REFLECTS THIS FORMATTING.

** Note closing date changes.

***    Note issue date changes.

The regular closing date for Proposals and Emergencies is Monday.

 

Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed

   This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR). The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us.

Table of Pending Proposals

   The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a citation to that issue of the Maryland Register in which the proposal appeared. Errata pertaining to proposed regulations are listed, followed by “(err)”. Regulations referencing a document incorporated by reference are followed by “(ibr)”. None of the proposals listed in this table have been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.

 

01 EXECUTIVE DEPARTMENT

 

01.02.08.01,.02,.07,.11 • 49:19 Md. R. 869 (9-9-22)

 

03 COMPTROLLER OF THE TREASURY

 

03.02.01.03—.07,.09,.11—.22 • 49:21 Md. R. 954 (10-7-22)

03.02.03.01—.08 • 49:21 Md. R. 954 (10-7-22)

03.02.05.01—.12 • 49:21 Md. R. 954 (10-7-22)

03.02.06.01—.05 • 49:21 Md. R. 954 (10-7-22)

 

07 DEPARTMENT OF HUMAN SERVICES

 

07.02.01.10 • 49:9 Md. R. 532 (4-22-22)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.01.13 • 49:18 Md. R. 821 (8-26-22)

08.02.04.11 • 49:15 Md. R. 742 (7-15-22)

                      49:18 Md. R. 855 (8-26-22) (err)

08.02.25.06 • 49:20 Md. R. 914 (9-23-22)

08.03.03.01 • 49:22 Md. R. 981 (10-21-22)

08.07.03.03 • 49:16 Md. R. 759 (7-29-22)

 

09 MARYLAND DEPARTMENT OF LABOR

 

09.03.12.01—.10,.13,.14 • 49:2 Md. R. 81 (1-14-22)

09.12.32.01—06 • 49:21 Md. R. 953 (10-7-22)

09.13.06.02,.04,.05 • 49:20 Md. R. 915 (9-23-22)

09.32.07.02—.04,.08 • 49:17 Md. R. 798 (8-12-22)

09.32.12.01—.05 • 49:17 Md. R. 798 (8-12-22)

 

10 MARYLAND DEPARTMENT OF HEALTH

 

     Subtitle 09 (2nd volume)

 

10.09.07.08 • 49:16 Md. R. 760 (7-29-22)

10.09.10.07,.08,.19,.21,.22 • 49:16 Md. R. 761 (7-29-22)

10.09.28.01—.06 • 49:19 Md. R. 870 (9-9-22)

10.09.31.01,.03—.06 • 49:22 Md. R. 982 (10-21-22)

10.09.34.01—.04,.06 • 49:19 Md. R. 874 (9-9-22)

10.09.41.04,.07 • 49:16 Md. R. 762 (7-29-22)

10.09.53.07 • 49:16 Md. R. 763 (7-29-22)

10.09.69.14,.17 • 49:16 Md. R. 764 (7-29-22)

10.09.80.01,.03,.05,.06,.08 • 49:16 Md. R. 765 (7-29-22)

10.09.90.07 • 49:10 Md. R. 568 (5-6-22)

 

     Subtitles 10—22 (3rd volume)

 

10.21.01.04,.08 • 49:17 Md. R. 801 (8-12-22)

 

     Subtitles 23—36 (4th volume)

 

10.25.17.01—.05 • 49:19 Md. R. 876 (9-9-22)

10.25.19.02—.04,.07,.08 • 49:20 Md. R. 916 (9-23-22)

10.27.27.01,.04 • 48:22 Md. R. 948 (10-22-21)

10.32.01.03 • 49:16 Md. R. 768 (7-29-22)

10.32.02.03 • 49:16 Md. R. 768 (7-29-22)

10.32.02.10 • 49:16 Md. R. 769 (7-29-22)

 

     Subtitles 37—52 (5th volume)

 

10.37.10.26 • 49:18 Md. R. 822 (8-26-22)

 

     Subtitles 53—68 (6th volume)

 

10.67.06.26-6 • 49:22 Md. R. 982 (10-21-22)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 11—23 (MVA)

 

11.14.08.01—.20 • 49:19 Md. R. 787 (9-9-22)

                               49:20 Md. R. 918 (9-23-22) (corr)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.10.01.22 • 49:20 Md. R. 919 (9-23-22)

 

13A STATE BOARD OF EDUCATION

 

13A.03.02.02,.04,.06,.07,.09,.09-1 • 49:9 Md. R. 533 (4-22-22)

13A.07.06.01—.15 • 49:1 Md. R. 39 (1-3-22) (ibr)

13A.07.14.03 • 48:25 Md. R. 1091 (12-3-21) (err)

13A.12.01.01—.14 • 49:2 Md. R. 92 (1-14-22)

13A.12.02.01—.29 • 49:2 Md. R. 92 (1-14-22)

13A.12.03.01—.12 • 49:2 Md. R. 92 (1-14-22)

13A.12.04.01—.16 • 49:2 Md. R. 92 (1-14-22)

13A.12.05.01—.15 • 49:2 Md. R. 92 (1-14-22)

13A.12.06.01—.09 • 49:2 Md. R. 92 (1-14-22)

13A.12.07.01—.08 • 49:2 Md. R. 92 (1-14-22)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.08.01.02 • 49:16 Md. R. 772 (7-29-22)

13B.08.13.03 • 49:17 Md. R. 802 (8-12-22)

13B.08.14.02,.06,.07 • 49:17 Md. R. 803 (8-12-22)

 

14 INDEPENDENT AGENCIES

 

14.04.09.01—.04 • 49:9 Md. R. 536 (4-22-22)

14.22.01.02,.07,.09 • 49:19 Md. R. 885 (9-9-22)

14.22.02.02 • 49:19 Md. R. 885 (9-9-22)

14.23.01.01—.19 • 49:21 Md. R. 954 (10-7-22)

14.23.02.01—.09 • 49:21 Md. R. 954 (10-7-22)

14.23.03.01,.02 • 49:21 Md. R. 954 (10-7-22)

14.23.04.01—.12 • 49:21 Md. R. 954 (10-7-22)

14.23.05.01—.05 • 49:21 Md. R. 954 (10-7-22)

14.35.19.04 • 49:18 Md. R. 831 (8-26-22)

14.39.07.01—.17 • 49:19 Md. R. 887 (9-9-22)

 

15 MARYLAND DEPARTMENT OF AGRICULTURE

 

15.03.01.02 • 49:18 Md. R. 832 (8-26-22) (ibr)

15.03.02.01 • 49:18 Md. R. 832 (8-26-22) (ibr)

15.14.10.02,.05 • 49:20 Md. R. 920 (9-23-22)

15.14.16.02—.04 • 49:20 Md. R. 921 (9-23-22)

15.20.07.02 • 49:17 Md. R. 804 (8-12-22) (ibr)

 

17 DEPARTMENT OF BUDGET AND MANAGEMENT

 

17.04.11.04 • 49:18 Md. R. 833 (8-26-22)

17.04.13.04 • 49:18 Md. R. 833 (8-26-22)

 

18 DEPARTMENT OF ASSESSMENTS AND TAXATION

 

18.03.02.01 • 49:19 Md. R. 891 (9-9-22)

18.03.06.02 • 49:19 Md. R. 892 (9-9-22)

18.04.02.04 • 49:19 Md. R. 892 (9-9-22)

18.04.05.02 • 49:19 Md. R. 893 (9-9-22)

18.04.06.01 • 49:19 Md. R. 893 (9-9-22)

18.04.07.02 • 49:19 Md. R. 893 (9-9-22)

18.04.08.02,.03,.06,.07 • 49:19 Md. R. 894 (9-9-22)

18.04.10.05 • 49:19 Md. R. 895 (9-9-22)

18.04.12.01—.03 • 49:21 Md. R. 963 (10-7-22)

18.11.01.01—.05 • 49:19 Md. R. 895 (9-9-22)

18.18.01.01—.06 • 49:20 Md. R. 922 (9-23-22)

 

22 STATE RETIREMENT AND PENSION SYSTEM

 

22.03.01.01—.12 • 49:18 Md. R. 836 (8-26-22)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 01—07 (Part 1)

 

26.04.13.01—.05 • 49:20 Md. R. 923 (9-23-22)

 

     Subtitles 08—12 (Part 2)

 

26.11.18.05 • 49:20 Md. R. 927 (9-23-22)

26.11.20.02 • 49:20 Md. R. 927 (9-23-22)

26.12.01.01 • 49:17 Md. R. 805 (8-12-22) (ibr)

 

29 DEPARTMENT OF STATE POLICE

 

29.04.02 • 49:11 Md. R. 617 (5-20-22) (err)

29.04.02.01—.13 • 49:10 Md. R. 584 (5-6-22)

29.06.01.02,.06—.09 • 49:10 Md. R. 588 (5-6-22) (ibr)

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.01.02.01 • 49:19 Md. R. 896 (9-9-22) (ibr)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.01.02.01,.03,.05 • 49:16 Md. R. 772 (7-29-22)

31.10.49.01—.05 • 49:21 Md. R. 964 (10-7-22)

31.10.50.01—.05 • 49:21 Md. R. 964 (10-7-22)

 

33 STATE BOARD OF ELECTIONS

 

33.01.07.01—.06 • 49:9 Md. R. 537 (4-22-22)

33.07.04.02 • 49:18 Md. R. 838 (8-26-22)

33.11.03.06 • 49:18 Md. R. 838 (8-26-22)

33.11.05.04 • 49:18 Md. R. 839 (8-26-22)

33.14.01.02—.04 • 49:18 Md. R. 839 (8-26-22)

33.14.02.01—.13 • 49:18 Md. R. 839 (8-26-22)

33.14.03.01—.03,.06,.07 • 49:18 Md. R. 839 (8-26-22)

33.14.04.03—.06 • 49:18 Md. R. 839 (8-26-22)

33.14.05.01,.02 • 49:18 Md. R. 839 (8-26-22)

33.15.03.03—.04,.07 • 49:18 Md. R. 846 (8-26-22)

33.16.06.04 • 49:18 Md. R. 839 (8-26-22)

 

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

 

36.03.10.07,.27,.37 • 49:16 Md. R. 773 (7-29-22)

36.04.01.11 • 49:16 Md. R. 773 (7-29-22)

36.10.05.04 • 49:16 Md. R. 773 (7-29-22)

36.10.13.06 • 49:16 Md. R. 773 (7-29-22)

36.11.01.01,.02 • 49:18 Md. R. 846 (8-26-22)

36.11.02.01—.19 • 49:18 Md. R. 846 (8-26-22)

 

Emergency Action on Regulations

Symbol Key

   Roman type indicates text existing before emergency status was granted.

   Italic type indicates new text.

   [Single brackets] indicate deleted text.

 

Emergency Regulations

Under State Government Article, §10-111(b), Annotated Code of Maryland, an agency may petition the Joint Committee on Administrative, Executive, and Legislative Review (AELR), asking that the usual procedures for adopting regulations be set aside because emergency conditions exist. If the Committee approves the request, the regulations are given emergency status. Emergency status means that the regulations become effective immediately, or at a later time specified by the Committee. After the Committee has granted emergency status, the regulations are published in the next available issue of the Maryland Register. The approval of emergency status may be subject to one or more conditions, including a time limit. During the time the emergency status is in effect, the agency may adopt the regulations through the usual promulgation process. If the agency chooses not to adopt the regulations, the emergency status expires when the time limit on the emergency regulations ends. When emergency status expires, the text of the regulations reverts to its original language.

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 39 BOARD OF NURSING — CERTIFIED NURSING ASSISTANTS

10.39.01 Certification of Nursing Assistants

Authority: Health Occupations Article, §§8-205, 8-206, 8-303, 8-304, 8-308, and 8-6A-01, and 8-6A-16, Annotated Code of Maryland

Notice of Emergency Action

[22-193-E]

The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to Regulations .01, .04, .05, and .09 under COMAR 10.39.01 Certification of Nursing Assistants.

Emergency status began: September 22, 2022.

Emergency status expires: March 30, 2023.

Comparison to Federal Standards

There is no corresponding federal standard to this emergency action.

Economic Impact on Small Businesses

The emergency action has minimal or no economic impact on small businesses.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(7) (text unchanged)

(8) “Geriatric nursing assistant (GNA)” means a CNA who has successfully completed the requirements [for a GNA] set forth in 42 CFR §§483.151—483.156 and [COMAR 10.07.02.39—.42] Regulation .09A of this chapter.

(9) “Geriatric nursing assistant competency examination (GNA-CE)” means an examination [which] approved by the Board that meets the requirements of 42 CFR §§483.151—483.156 [and COMAR 10.07.02.39—.42] to determine entry level competence for a GNA.

(10)—(15) (text unchanged)

(16) “Temporary nurse aide” means an individual who practiced as a GNA without certification during the national Coronavirus Disease 2019 (COVID-19) Public Health Emergency, as declared on January 31, 2020, and periodically continued by the United States Secretary of Health and Human Services, pursuant to the waiver of the requirements of 42 CFR §483.35(d) issued by the Centers for Medicare and Medicaid Services on March 6, 2020.

(17) “Temporary nurse aide training” means an 8-hour online training and examination program offered by:

(a) The American Health Care Association;

(b) The National Center for Assisted Living; or

(c) Another comparable program approved by the Board.

.04 Qualifications of Applicants for Certification.

A.—C. (text unchanged)

D. A temporary nurse aide applying for certification as a certified nursing assistant and geriatric nursing assistant shall be deemed to have completed a nursing assistant training program approved by the Board if the temporary nurse aide meets the requirements of Regulation .09A(2) of this chapter.

.05 Application for Certification.

A.—C. (text unchanged)

D. A temporary nurse aide applying for certification as a certified nursing assistant and geriatric nursing assistant shall:

(1) Comply with §A of this regulation; and

(2) Ensure that the administrator, director of nursing, or human resources representative at the employer submits to the Board an attestation, on the form required by the Board, that:

(a) Is completed by the:

(i) Applicant;

(ii) RN instructor or supervisor of the applicant at the employer; and

(iii) Administrator or director of nursing at the employer; and

(b) Verifies that the applicant satisfies the requirements of Regulation .09A(2) of this chapter.

[D.] E.—[H.] I. (text unchanged)

.09 Categories of CNA.

A. Geriatric Nursing Assistant.

(1) An applicant for certification as a [CNA] GNA shall have the status of GNA on the CNA certificate if the applicant:

(a) (text unchanged)

(b) Has successfully completed a CNA/GNA training program approved by the Board; and

[(b)] (c) Passes the GNA-CE[; and

(c) Completes the registration process and is listed on the MGNAR].

(2) A temporary nurse aide applying for initial certification as a GNA shall be deemed to have completed a CNA/GNA training program approved by the Board if the temporary nurse aide:

(a) Completed a temporary nurse aide training course;

(b) Completed a minimum of 100 hours of on-the-job training as a temporary nurse aide that:

(i) Met the requirements under 42 CFR §483.152(a) and (b)(2)—(7); and

(ii) Was not provided in a facility described under 42 CFR §483.151(b)(2)—(3); and

(c) In addition to the minimum 100 hours of on-the-job training, worked as a temporary nurse aide competently for a minimum of 160 hours.

(3) A temporary nurse aide whose on-the-job training did not meet all of the requirements under 42 CFR 483.152(a) and (b)(2)—(7) may receive supplemental training in those requirements and be deemed to meet the requirement of §A(2)(b)(i) of this regulation.

[(2)] (4)[(3)] (5) (text unchanged)

B.—E. (text unchanged)

DENNIS R. SCHRADER
Secretary of Health

 

Title 15
MARYLAND DEPARTMENT OF AGRICULTURE

Subtitle 01 OFFICE OF THE SECRETARY

15.01.17 Hemp Farming Program

Authority: Agriculture Article, §14-307, Annotated Code of Maryland

Notice of Emergency Action

[22-194-E]

The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to Regulations .02, .08, and .10, new Regulation .11, amendments to and the recodification of existing Regulations .11—.13 and .15 to be Regulations .12—.14 and .16, respectively, and the recodification of existing Regulations .14 and .16—.19 to be Regulations .15 and .17—.20 under COMAR 15.01.07 Hemp Farming Program.

Emergency status began: October 4, 2022.

Emergency status expires: March 15, 2023.

Comparison to Federal Standards

There is a corresponding federal standard to this emergency action, but the emergency action is not more restrictive or stringent.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action will have a positive economic impact on licensed hemp growers (albeit, indeterminable). It provides growers a larger harvest window, increasing the grower’s time to complete the harvest from 15 days to 30 days before the Department or an authorized agent is required to collect a new sample of a lot for testing. This change will result in less testing and less downtime for the grower at harvest-time. While growers still must submit planting reports and annual production reports, the proposed action eliminates the requirement to submit a pre-harvest report and a post-harvest report. This change, like the previous change, will put licensed hemp growers in this State on an even playing field with growers in surrounding states.

The proposed action also imposes certain requirements pertaining to hemp greens, hemp microgreens, and hemp transplants that, if followed by a licensed grower, will allow for performance-based sampling protocols (which include seed certification processes and other processes that identify varieties that have consistently resulted in compliant hemp plants) to determine THC compliance.

Finally, the proposed action offers a licensed hemp grower whose crop is deemed nonmarketable a remediation option that is consistent with remediation guidelines approved by the U.S. Domestic Hemp Production Program.

 

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

Indeterminable/Minimal

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

D. Increasing a grower’s time to complete a harvest from 15 days to 30 days before the Department or an authorized agent is required to collect a new sample of a lot for testing should result in less testing and less downtime for the grower at harvest-time. Eliminating the requirement to submit a pre-harvest report and a post-harvest report will also benefit growers. Growers should also benefit from the establishment of a performance-based sampling protocol to determine THC compliance for hemp greens, hemp microgreens, and hemp transplants (i.e., plants not intended to be produced to a mature, flowering state). Finally, growers should also benefit from a remediation option (that is consistent with remediation guidelines approved by the U.S. Domestic Hemp Production Program) if the grower’s crop is initially deemed nonmarketable. While the proposal will benefit all licensed hemp growers, it will likely benefit some growers more than others.

Economic Impact on Small Businesses

The emergency action has minimal or no economic impact on small businesses.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(19) (text unchanged)

(20) “Hemp greens” means hemp leaves from immature plants that are no more than 10 inches tall and are not flowering.

(21) “Hemp Microgreens” means immature hemp seedlings for human consumption that are:

(a) Cut-off above the soil or substrate line and harvested before flowering and not more than 14 days after germination; and

(b) Typically between 2 and 3 inches in height, but not taller than 5 inches.

(22) “Hemp transplants” means nonflowering hemp seedlings, rooted cuttings, immature plants produced from tissue culture, or other means of reproduction, which are not harvested but transplanted into a large container or field to mature for harvest.

[(20)] (23)—[(37)] (40)

.08 Grower Reporting Requirements.

A.—B. (text unchanged)

[C. Pre-Harvest Report.

(1) At least 5 days before the expected harvest date of a hemp crop, a licensed grower shall submit to the Department a signed, complete, accurate, and legible Departmental Pre-Harvest Report that includes:

(a) The licensed grower’s full name and contact information;

(b) The license number; and

(c) The anticipated date range for initiating and completing harvest, shown by lot, and, if the crop is being grown outdoors, a map designating the location of the lot or lots being harvested.

(2) If more than one harvest date is being reported for lots within a growing area, the map shall designate the locations of the lots, and the intended harvest dates that are to be harvested under the Pre-Harvest Report.

(3) If a licensed grower fails to submit a Pre-Harvest Report and proceeds to harvest a crop before a sample is collected by the Department, the Department may suspend or revoke the person’s license.

D. Postharvest Report. Within 15 days after a harvest of a lot is complete, the licensed grower shall submit to the Department a signed, complete, accurate, and legible Departmental Postharvest Report that includes:

(1) The licensed grower’s full name and contact information;

(2) The license number; and

(3) The independent harvest date of each lot.]

[E.] C.[I.] G.

.10 Sampling and Testing for THC.

A. (text unchanged)

B. Official Sampling Methodology. To ensure a confidence level of 95 percent that no more than 1 percent of the plants in a lot exceeds the acceptable hemp THC level, official samples collected by the Department or an authorized agent shall be done in accordance with the Department’s sampling methodology, which requires that:

(1)—(9) (text unchanged)

(10) If the licensed grower fails to complete the harvest within [15] 30 days, a new sample of the lot shall be collected for testing purposes following the procedures set forth in this regulation;

(11)—(12) (text unchanged)

C.—E. (text unchanged)

.11 Hemp Greens, Hemp Microgreens, and Hemp Transplants.

A. Performance-Based Sampling Protocol. For hemp plants that are not intended to be produced to a mature, flowering state (for example, hemp greens, hemp microgreens, and hemp transplants), the Department may utilize a performance-based sampling protocol to determine THC crop compliance. This protocol, which has been approved by USDA, includes seed certification processes and other processes that identify varieties that have consistently resulted in compliant hemp plants.

B. Notice to the Department. At planting, the licensed grower shall notify the Department of the grower’s intent and plans for producing hemp greens, hemp microgreens, or hemp transplants, including the grower’s intent to harvest these plants.

C. If the licensed grower is intending to produce hemp greens, hemp microgreens, or hemp transplants, the grower may only use hemp seeds or propagules that originate from THC compliant hemp plants. To ensure this, the licensed grower may only use:

(1) Seeds originating from THC compliant hemp plants that have been certified by a member agency of the Association of Official Seed Certifying Agencies;

(2) Seeds derived from hemp plants that were tested during the preceding 2-year period and, for each of these 2 years, deemed THC compliant by the Department, an authorized laboratory, or other USDA-approved Hemp Program; and

(3) Propagules from hemp plants that were tested by the Department, an authorized agency, or other USDA-approved Program and deemed THC compliant.

D. If the licensed grower is using certified seeds, the grower shall provide the Department copies of the seed tags. If the licensed grower is using propagules, the grower shall provide the Department the test results of the hemp plants.

E. The Department may conduct random testing of hemp greens, hemp microgreens, and hemp transplants produced by licensed growers. The Department may collect samples for determining the total THC concentration. The licensed grower shall have an authorized representative on-site during the site inspection conducted by the Department. If the crop does not meet the protocol for determining crop compliance under this regulation, the licensed grower shall hold the harvest lot until notified by the Department of the grower’s options.

F. Hemp Microgreens Verification. The Department shall verify that the producer:

(1) Obtained and used only authorized hemp seed or propagules;

(2) Harvested the crop no more than 14 days after planting;

(3) Only grew hemp plants that were no more than 5 inches in height; and

(4) Did not grow hemp plants to a flowering state.

G. Hemp Greens Verification. The Department shall verify that the producer:

(1) Obtained and used only authorized hemp seed or propagules;

(2) Harvested the crop prior to the plants being 10 inches in height; and

(3) Did not produce a flowering crop.

H. Hemp Transplants Verification. The Department shall verify that the producer:

(1) Obtained and used only authorized hemp seed or propagules;

(2) Only grew plants that were no more than 12 inches in height; and

(3) Did not grow plants to a flowering state.

I. If the licensed grower produces a crop that does not meet the protocol for determining THC crop compliance under this regulation, the grower shall:

(1) Follow the compliance, sampling, and testing requirements set forth in Regulation .10 of this chapter; or

(2) Dispose of the crop.

J. Records.

(1) Proof of THC Compliance. A licensed grower producing hemp greens, hemp microgreens, or hemp transplants shall maintain for 3 years records showing proof of THC compliance of seeds or propagules used to produce these crops.

(2) Sales Records. A licensed grower producing hemp transplants shall maintain for 3 years records showing the name and address of persons to whom the transplants were sold or transferred.

[.11] .12 Prerequisites for Placing Hemp in Commerce.

A.—B. (text unchanged)

C. Hemp samples with a post-decarboxylated THC level equal to or below 0.3 percent THC [requires] require no further action by the Department. The area or harvested plant material from which the sample was obtained that was harvested within [15] 30 days of the date of sampling may be marketed or further processed.

[.12] .13 Nonmarketable Hemp.

A. Upon receipt of a failing test result, a licensed grower may request resampling and retesting of the varieties in question. If no retest is requested, or the retested sample is greater than 0.3 percent THC, the area represented by the sample, or any harvested hemp from the area represented by the sample shall be disposed of as provided in Regulation [.13] .14 of this chapter. The grower shall retain all such testing results and make them available to the Department upon demand for a minimum of 3 years.

B.—C. (text unchanged)

[.13] .14 Grower’s Duty to Dispose of Nonmarketable Hemp.

A.—B. (text unchanged)

C. If hemp is deemed nonmarketable (that is, the plants exceed the acceptable hemp THC level), the Department shall:

(1)—(2) (text unchanged)

(3) Offer options for retesting and remediation consistent with remediation guidelines approved by U.S. Domestic Hemp Production Program; and

(4) (text unchanged)

D.—G. (text unchanged)

[.15] .16 Notice, Hearings, and Appeals.

A. Notice. If it determines that sanctions are warranted against a person under Regulation [.14] .15 of this chapter, the Department shall provide the person written notice of the violation via regular mail, certified mail, or personal service that includes:

(1)—(6) (text unchanged)

B.—D. (text unchanged)

STEVEN A. CONNELLY
Deputy Secretary of Agriculture

 

Title 33
STATE BOARD OF ELECTIONS 

Subtitle 11 ABSENTEE BALLOTS

33.11.04 Canvass of Ballots — Procedures 

Authority: Election Law Article, §§2-102(b)(4), 9-303, 11-301, and 11-302, Annotated Code of Maryland

Notice of Emergency Action

[22-195-E]

The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to Regulation .04 under COMAR 33.11.04 Canvass of Ballots — Procedures.

Emergency status began: September 21, 2022.

Emergency status expires: December 31, 2022.

Comparison to Federal Standards

There is no corresponding federal standard to this emergency action.

Economic Impact on Small Businesses

The emergency action has minimal or no economic impact on small businesses.

.04 Hold Back of Ballots.

A. Required Hold Back. Except as provided in §B of this regulation, to preserve the secrecy of provisional ballots and absentee ballots, the local board shall withhold[,] from the initial canvass[:

(1) At] at least five absentee ballots of each ballot style to be canvassed during the provisional ballot canvass[; and

(2) At least five absentee ballots of each ballot style to be canvassed during the second absentee ballot canvass].

B. (text unchanged)

C. Later Canvasses. The absentee ballots withheld under this regulation shall be included and canvassed with the[:

(1) Provisional] provisional ballots[; or

(2) Timely ballots later received on or before the deadline for absentee ballots].

LINDA H. LAMONE
State Administrator of Elections

 

 

Final Action on Regulations

 

Symbol Key

   Roman type indicates text already existing at the time of the proposed action.

   Italic type indicates new text added at the time of proposed action.

   Single underline, italic indicates new text added at the time of final action.

   Single underline, roman indicates existing text added at the time of final action.

   [[Double brackets]] indicate text deleted at the time of final action.

 

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.13 Fishing Licenses—Point Assignment, License Revocation and Suspension Schedule and Criteria, and Hearing Procedure

Authority: Natural Resources Article, §4-206, Annotated Code of Maryland

Notice of Final Action

[22-133-F]

On September 27, 2022, the Secretary of Natural Resources adopted amendments to Regulation .06 under COMAR 08.02.13 Fishing Licenses—Point Assignment, License Revocation and Suspension Schedule and Criteria, and Hearing Procedure. This action, which was proposed for adoption in 49:17 Md. R.792—793 (August 12, 2022), has been adopted as proposed.

Effective Date: October 31, 2022.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 37 WORKFORCE DEVELOPMENT AND ADULT LEARNING

09.37.04 Tax Credit for Eligible Apprentices

Authority: Tax-General Article, §10-742, Annotated Code of Maryland

Notice of Final Action

[22-132-F]

On October 5, 2022, the Department of Labor adopted new Regulations .01—.08 under a new chapter, COMAR 09.37.04 Tax Credit for Eligible Apprentices. This action, which was proposed for adoption in 49:17 Md. R. 800—801 (August 12, 2022), has been adopted as proposed.

Effective Date: October 31, 2022.

TIFFANY P. ROBINSON
Secretary of Labor

 

Title 11
DEPARTMENT OF TRANSPORTATION

Notice of Final Action

[22-148-F]

On October 11, 2022, the Administrator of the Motor Vehicle Administration adopted:

(1) Amendments to Regulation .04 under COMAR 11.11.05 Motor Vehicle Fees; and

(2) New Regulations .01—.05 under COMAR 11.15.39 Electronic or Digital 24-Hour Registration.

This action, which was proposed for adoption in 49:18 Md. R. 829—830 (August 26, 2022), has been adopted as proposed.

Effective Date: October 31, 2022.

CHRISTINE NIZER
Administrator
Motor Vehicle Administration

 

Subtitle 16 MOTOR VEHICLE ADMINISTRATION—LICENSING OF BUSINESSES AND OCCUPATIONS

11.12.01 Dealers and Salesmen

Authority: Commercial Law Article, §14-1502; Transportation Article,
§§12-104(b), 13-503, 13-610, 13-621, 15-102, 15-103, 15-105, 15-107,
15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406,
15-408, 15-409, and 15-411; Annotated Code of Maryland

Notice of Final Action

[22-147-F]

On October 11, 2022, the Administrator of the Motor Vehicle Administration adopted amendments to Regulation .01 under COMAR 11.12.01 Dealers and Salesmen. This action, which was proposed for adoption in 49:18 Md. R. 830 (August 26, 2022), has been adopted as proposed.

Effective Date: October 31, 2022.

CHRISTINE NIZER
Administrator
Motor Vehicle Administration

 

Subtitle 16 MOTOR VEHICLE ADMINISTRATION—VEHICLE OPERATIONS

11.16.02 Authorized Emergency and Service Vehicles

Authority: Transportation Article, §12-104(b), Annotated Code of Maryland

Notice of Final Action

[22-146-F]

On October 11, 2022, the Administrator of the Motor Vehicle Administration adopted amendments to Regulation .03 under COMAR 11.16.02 Authorized Emergency and Service Vehicles. This action, which was proposed for adoption in 49:18 Md. R. 831 (August 26, 2022), has been adopted as proposed.

Effective Date: October 31, 2022.

CHRISTINE NIZER
Administrator
Motor Vehicle Administration

 

Title 18
DEPARTMENT OF ASSESSMENTS AND TAXATION

Subtitle 03 PERSONAL PROPERTY ASSESSMENTS

18.03.01 General

Authority: Tax-Property Article, §§2-201, 2-202, 5-101, 8-101(c), and 8-107, Annotated Code of Maryland

Notice of Final Action

[22-156-F]

On October 12, 2022, the Director of Assessments and Taxation adopted amendments to Regulation .02 under COMAR 18.03.01 General. This action, which was proposed for adoption in 49:18 Md. R. 835—836 (August 26, 2022), has been adopted as proposed.

Effective Date: October 31, 2022.

MICHAEL L. HIGGS, JR.
Director of Assessments and Taxation

 

Title 26
DEPARTMENT OF THE ENVIRONMENT

Subtitle 08 WATER POLLUTION

26.08.02 Water Quality

Authority: Environment Article, §§9-303.1, 9-313―9-316, 9-319, 9-320―
9-325, 9-327, and 9-328, Annotated Code of Maryland

Notice of Final Action

[22-069-F-I]

On September 12, 2022, the Secretary of the Environment adopted amendments to Regulations .02-1, .03-2, .03-3, .04, .07, and .08, the repeal of existing Regulations .04-1 and .04-2, and new Regulations .04-1, .04-2, and .04-3 under COMAR 26.08.02 Water Quality. This action, which was proposed for adoption in 49:6 Md. R. 415—442 (March 11, 2022), and has been adopted as proposed.

Effective Date: October 31, 2022.

HORACIO TABLADA
Secretary of the Environment

 

 

Proposed Action on Regulations

 

 


Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 03 WILDLIFE

08.03.03 Open Seasons, Bag Limits for Game Birds and Game Animals

Authority: Natural Resources Article, §10-410, Annotated Code of Maryland

Notice of Proposed Action

[22-192-P]

     The Department of Natural Resources proposes to amend Regulation .01 under COMAR 08.03.03 Open Seasons, Bag Limits for Game Birds and Game Animals.

Statement of Purpose

The purpose of this action is to designate the Sundays open for hunting game birds and game mammals in Calvert, Caroline, Charles, Dorchester, Queen Anne’s, Somerset, and Talbot counties. Additional Sundays will be added for archery deer hunting in each of the seven counties. Additional Sundays will be added for muzzleloader deer hunting in each of these counties except for Dorchester, which already has Sunday muzzleloader hunting. Additional Sundays will be added for firearms deer hunting in Talbot County. For turkey hunting, additional Sundays will be added for hunting in Queen Anne’s, Somerset, and Talbot counties. For small game and furbearers, Sunday hunting opportunities will be added in Calvert, Caroline, Charles, Dorchester, Queen Anne’s, and Somerset counties. With the exception of the added turkey hunting opportunities in Queen Anne’s County, all of the added Sunday hunting opportunities will have legal shooting hours of 30 minutes before sunrise to 10:30 a.m. The added Sunday hunting opportunities apply to private lands only, with the exception of Somerset County, where Sunday hunting will also be authorized on public lands leased to hunt clubs.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Karina Stonesifer, Associate Director, Wildlife and Heritage Service,, Department of Natural Resources, 12512 Pleasant Valley Road, Flintstone, MD 21530, or call 301-777-2136, or email to karina.stonesifer@maryland.gov, or fax to 301-777-2029. Comments will be accepted through November 21, 2022. A public hearing has not been scheduled.

.01 Bag Limits and Possession Limits.

A. — C. (text unchanged)

D. Hunting on Sunday.

(1) (text unchanged)

(2) An individual may hunt on Sunday, if the individual is:

(a) — (d) (text unchanged)

(e) Hunting white-tailed or sika deer on private property as described in Regulations .07 and .08 of this chapter:

(i) (text unchanged)

[(ii) On the last three Sundays in October and the first two Sundays in November during the deer bow season and the first Sunday of the deer firearms season in Talbot County County;]

[(iii)] (ii) On the last three Sundays in October and the first two Sundays in November during the deer bow season and all Sundays during the deer firearms season in [Calvert, Caroline, Charles, Harford, Queen Anne’s, Somerset,] Harford and Worcester counties;

[(iv)] (iii) On all Sundays during the deer bow season in October and November, the last Sunday in December during the deer bow season, the first two Sundays in January during the deer bow season, [and] all Sundays in December during the deer muzzleloader season [in Carroll and Dorchester counties], and all Sundays in the deer firearms season in Carroll County[, and the first three Sundays during the deer firearms season in Dorchester County]; and

[(v)] (iv) (text unchanged)

(f) — (k) (text unchanged)

(l) Hunting deer on private property in Talbot County:

(i) From 30 minutes before sunrise to 30 minutes after sunset on the last three Sundays in October and the first two Sundays in November during the deer bow season and the first Sunday of the deer firearms season; and

(ii) Except as provided in §D(2)(l)(i) of this regulation, from 30 minutes before sunrise to 10:30 a.m. on all Sundays in September, October, November, and January during the deer bow season, all Sundays in December during the deer muzzleloader season, and the second and any subsequent Sunday during the deer firearms season;

(m) Hunting deer on private property in Calvert, Caroline, Charles, and Queen Anne’s counties:

(i) From 30 minutes before sunrise to 30 minutes after sunset on the last three Sundays in October and the first two Sundays in November during the deer bow season and all Sundays during the deer firearms season; and

(ii) Except as provided in §D(2)(m)(i) of this regulation, from 30 minutes before sunrise to 10:30 a.m. on all Sundays in September, October, November, and January during the deer bow season and all Sundays in December during the deer muzzleloader season;

(n) Hunting deer on private property in Dorchester County:

(i) From 30 minutes before sunrise to 30 minutes after sunset on all Sundays during the deer bow season in October and November, the last Sunday in December during the deer bow season, the first two Sundays in January during the deer bow season, all Sundays in December during the deer muzzleloader season, and the first three Sundays during the deer firearms season; and

(ii) Except as provided in §D(2)(n)(i) of this regulation, from 30 minutes before sunrise to 10:30 a.m. on all Sundays in September and January during the deer bow season;

(o) Hunting deer on private property or public land leased to hunt clubs in Somerset County:

(i) From 30 minutes before sunrise to 30 minutes after sunset on the last three Sundays in October and the first two Sundays in November during the deer bow season and all Sundays during the deer firearms season; and

(ii) Except as provided in §D(2)(o)(i) of this regulation, from 30 minutes before sunrise to 10:30 a.m. on all Sundays in September, October, November, and January during the deer bow season and all Sundays in December during the deer muzzleloader season;

[(l)] (p) Hunting wild turkeys as described in Regulation .03 of this chapter on private property on any Sunday during the Junior Hunt and spring season in Calvert, Caroline, Carroll, Charles, [and] Kent, and Queen Anne’s counties;

[(m)] (q) Hunting wild turkeys as described in Regulation .03 of this chapter on [public or private land on] private property or a designated Wildlife Management Area or State Forest listed in §G of this regulation on any Sunday during the Junior Hunt and spring season in Dorchester County; [and]

[(n)] (r) Hunting any game mammal or any game bird, except deer, migratory game birds or wetland game birds, in Allegany, Cecil, Garrett, St. Mary’s, and Washington counties on private property or a designated Wildlife Management Area or State Forest listed in §G of this regulation during the open seasons for those game animals[.];

(s) Hunting any game mammal or any game bird, except deer, turkey, migratory game birds or wetland game birds, in Calvert, Caroline, Charles, Dorchester, and Queen Anne’s counties on private property from 30 minutes before sunrise to 10:30 a.m. during the open seasons for those game animals;

(t) Hunting any game mammal or any game bird, except deer, migratory game birds or wetland game birds, in Somerset County on private property or public land leased to hunt clubs from 30 minutes before sunrise to 10:30 a.m. during the open seasons for those game animals; and

(u) Hunting any game mammal or any game bird, except deer, migratory game birds or wetland game birds, in Talbot County on private property from 30 minutes before sunrise to 10:30 a.m. during the open seasons for those game animals.

E. — G. (text unchanged)

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Notice of Proposed Action

[22-191-P]

The Secretary of Health proposes to:

(1) Amend Regulations .01 and .03—.06 under COMAR 10.09.31 Emergency Service Transporters; and

(2) Adopt new Regulation .26-6 under COMAR 10.67.06 Maryland Medicaid Managed Care Program: Benefits.

Statement of Purpose

The purpose of this action is to:

(1) Increase the reimbursement rate paid to emergency service transporters for services provided to Medicaid participants from $100 to $150;

(2) Allow emergency service transporters to be reimbursed for situations in which Medicaid participants do not require or refuse transportation;

(3) Allow emergency service transporters to be reimbursed for transportation to alternative Department-approved destinations other than an emergency department (ED);

(4) Establish covered services, reimbursement rates, and limitations for mobile integrated health (MIH) services;

(5) Require managed care organizations (MCOs) to cover medically necessary MIH services provided to Medicaid participants; and

(6) Update the outdated term “recipient” to be “participant”.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action increases reimbursement rates for emergency service transports and allows these providers to bill for services rendered even if the participant does not receive transport. These changes are anticipated to have an increased cost of $7,067,805 in FY 2023. In addition, the action establishes a new covered benefit, with an anticipated cost of $424,000 per year. Combined, the economic impact of this proposal in FY 2023 is anticipated to be $7,491,805.


 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$7,491,805

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

$7,491,805

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A. This amount assumes:

(1) For dates of service beginning July 1, 2022, emergency service transporters will be eligible for reimbursement up to $150 for services provided in response to each 911 call incident;

(2) For dates of service beginning January 1, 2023, emergency service transporters will be able to bill for services rendered to participants in response to a 911 call incident, even if transport is not provided;

(3) Based on data from CY 2018, approximately 115,474 transports will be provided in FY 2023 and eligible for the increased reimbursement rate;

(4) Based on estimates from the Maryland Institute for Emergency Medical Services Systems (MIEMSS), 13 percent of participants who called 911 from CY 2015 through CY 2018 did not receive transport. Therefore, the 115,474 transports from CY 2018 are assumed to represent 87 percent of the total 911 calls eligible for payment under the expanded coverage for services provided to participants who are not transported. This results in a calculated estimate of 17,255 additional 911 service calls annually eligible for payment when the participant is not transported. Therefore, with a start date of January 1, 2023, 8,627 calls will be eligible in FY 2023;

(5) MIH benefits will cost, on average, $2000 per participant per year; and

(6) MIH benefit uptake is estimated to be 0.03 percent of the pre-COVID-19 Medicaid enrollment (1,415,631 individuals), annually. This results in an estimated uptake of 212 individuals in FY 2023.

D. See A. above.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through November 21, 2022. A public hearing has not been scheduled.

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.31 Emergency Service Transporters

Authority: Health-General Article, §15-114.1, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged)

(2) “Emergency medical services (EMS) provider " has the meaning stated in Education Article, §13–516, Annotated Code of Maryland.

[(2)] (3) (text unchanged)

(4) "EMS Board" means the State Emergency Medical Services Board established by Education Article, §13-503, Annotated Code of Maryland.

[(3)] (5) (text unchanged)

(6) "Free-standing urgent care center" means a location, distinct from a hospital emergency room, a physician's office, or a free-standing clinic, whose purpose is to diagnose and treat illness or injury for unscheduled, ambulatory patients seeking immediate medical attention.

(7) “Mobile integrated health” means a community-based preventive, primary, chronic, pre-admission, or post-admission health care service provided by an emergency medical services provider to a participant.

(8) “Participant” has the meaning stated in COMAR 10.09.36.

[(4)] (9)[(5)] (10) (text unchanged)

[(6) “Recipient” has the meaning stated in COMAR 10.09.36.]

.03 Conditions for Participation.

To participate in the Program, the provider shall:

A.—C. (text unchanged)

B. Certify that all third-party payers are routinely billed for services; [and]

C. Retain all documentation, including but not limited to run sheets, for 6 years[.]; and

D. When delivering mobile integrated health, render services in accordance with the MIH services medical protocols adopted by the EMS Board.

.04 Covered Services.

A. Emergency Medical Transportation Services. The Program covers the following services when provided by an enrolled emergency service transporter to an eligible [recipient] participant in response to a 911 call [initiated on or after July 1, 1999]:

[A. Transportation to a facility; and     

B. Medical services provided while transporting the recipient to a facility.]

(1) Medical services delivered at the scene of a 911 response consistent with EMS Board protocols, with or without subsequent transportation;

(2) Medical services provided while transporting the participant to a facility, free-standing urgent care center, or other Department-approved destination; and

(3) Transportation to a facility, free-standing urgent care center, or other Department-approved destination.

B. Mobile Integrated Health Services. The Program covers the following medically necessary mobile integrated health services when delivered by an EMS provider or any team member in the participant’s home or another community-based setting permitted by the EMS Board’s medical protocols:

(1) Health assessments;

(2) Remote medical diagnostics;

(3) Chronic disease monitoring and education;

(4) Medication compliance;

(5) Immunizations and vaccinations;

(6) Laboratory specimen collection;

(7) Hospital discharge follow-up care; and

(8) Minor medical procedures.

.05 Limitations.

Under this chapter, the Program does not cover [services]:

A. [Not] Services not rendered in response to a 911 call unless delivered as part of a mobile integrated health visit;

B. [Performed] Services performed or billed by an emergency services transporter that is not enrolled in the Program;

C. Services rendered by an emergency services transporter in response to a 911 call when the participant refuses medical services and transport of the participant does not occur;

[C.] D. [To] Services rendered to anyone other than an eligible [recipient] participant; [and]

[D.] E. [For] Services for which proper documentation, including but not limited to run sheets, cannot be provided on request of the Department or its designee[.];

F. Services not indicated by the medical protocols adopted by the EMS Board;

G. Mobile integrated health services delivered to participants younger than 18 years old; and

H. Services delivered in any setting other than the eligible participant’s home or any community-based site permitted under the medical protocols adopted by the EMS Board.

.06 Payment Procedures.

A. (text unchanged)

B. Emergency Medical Transportation Services Reimbursement.

(1) Payment for covered services provided in response to each 911 call incident is the lesser of:

[(1)] (a) (text unchanged)

[(2)] (b) [$100] Effective July 1, 2022, $150.

(2) Effective January 1, 2023, payment for covered services provided in response to each 911 call incident that does not result in a transport is the lesser of:

(a) The amount billed; or

(b) $150.

C. Mobile Integrated Health Reimbursement.

(1) Payment for a mobile integrated health visit is the lesser of:

(a) The amount billed; or

(b) Effective January 1, 2023, $150.

(2) The provider shall bill one mobile integrated health service, regardless of the number of clinical services rendered to a participant during the visit.

[C.] D. (text unchanged)

 

Subtitle 67 MARYLAND HEALTHCHOICE PROGRAM

10.67.06 Maryland Medicaid Managed Care Program: Benefits

Authority: Health-General Article, Title 15, Subtitle 1, Annotated Code of Maryland

.26-6 Mobile Integrated Health Services.

An MCO shall provide its enrollees medically necessary mobile integrated health services as described in COMAR 10.09.31.

DENNIS R. SCHRADER
Secretary of Health

 

 

Errata

COMAR 26.08.02.04-2

At 49:6 Md. R. 431 (March 11, 2022), column 1, line 24 from the bottom:

For:        value used to make the Tier II stream designation
                   identified in §O of

Read:      value used to make the Tier II stream designation
                   identified in §N of

[22-22-10]

 

General Notices

 

Notice of ADA Compliance

 The State of Maryland is committed to ensuring that individuals with disabilities are able to fully participate in public meetings. Anyone planning to attend a meeting announced below who wishes to receive auxiliary aids, services, or accommodations is invited to contact the agency representative at least 48 hours in advance, at the telephone number listed in the notice or through Maryland Relay.

 

STATE COLLECTION AGENCY LICENSING BOARD

Subject: Public Meeting

Date and Time: November 10, 2022, 9 — 10 a.m.; Thereafter the public meetings will take place the second Tuesday of every month, accessed via the Google Meet information given below.

Place: Via Google Meet — please see details below.

Add’l. Info: Google Meet joining info:

Video call link:

     https://meet.google.com/ahz-mgnk-jsu

     Or dial: (US) +1 530-738-1353&#8236

                   PIN: 815 799 863 #

More phone numbers:

https://tel.meet/ahz-mgnk-jsu?pin=1097700804795, Baltimore, MD

If necessary, the Board will convene in a closed session to seek the advice of counsel or review confidential materials, pursuant to General Provisions Article, §3-305, Annotated Code of Maryland.

Contact: Ayanna Jackson-Daugherty (410) 230-6019

[22-22-01]

 

MARYLAND DEPARTMENT OF HEALTH

Subject: Call for Nominations for Maryland Medicaid Drug Use Review (DUR) Board

Add’l. Info: The Maryland Department of Health (MDH) is currently accepting applications and nominations for pharmacists to serve on the Maryland Medicaid Drug Use Review (DUR) Board beginning January, 2023.

     The implementation of the Omnibus Budget Reconciliation Act of 1990 (OBRA 90), §1927g (3) requires that the MDH establish a Medicaid DUR Board. The DUR Board is comprised of licensed and actively practicing physicians and pharmacists in Maryland and has been in operation since November 1992. The activities of the DUR Board include but not limited to:

·         Reviewing prospective and retrospective DUR criteria, prior authorization criteria and quantity or dosage form limitations developed by the Division of Clinical Pharmacy Services or by contracted vendors.

·         Evaluating the use of criteria and interventions, including assessing the operational effect of the criteria and interventions, in order to identify areas of prescribing and dispensing of specific drugs that may result in adverse participant outcomes.

·         Evaluating participant drug utilization that may represent potential fraud and abuse and make disposition recommendations.

·         Identifying educational needs and develop educational plans to improve prescribing or dispensing practices, and evaluate the effect of these educational interventions.

·         Advising the Office of Pharmacy Services (OPS) in the area of enrollment of participants into the Corrective Managed Care (CMC) Program through the DUR Board’s CMC Advisory Committee. This subcommittee of the DUR Board develops Corrective Managed Care enrollment recommendations by considering the Lock-In Criteria for participants (as defined by the CMC Advisory Committee Policy and Procedures).

The DUR Board meets quarterly for 3-4 hours in the Baltimore area. Meetings are normally scheduled on the first Thursday morning during the months of March, June, September, and December. Members are appointed by the Secretary of MDH and serve terms of three (3) years from the date of their appointment with the option to serve an additional three (3) year term.

The membership of the Maryland DUR Board includes health care professionals who have recognized knowledge and expertise in one or more of the following areas:

(1) The clinically appropriate prescribing of outpatient drugs.

(2) The clinically appropriate dispensing and monitoring of outpatient drugs.

(3) Drug use review, evaluation and intervention.

(4) Medical quality assurance.

All interested applicants are required to submit a formal application through the Maryland Department of Health’s (MDH) Office of Appointments and Executive Nominations application link at https://health.maryland.gov/oaen/Pages/Index.aspx

Applications must be submitted no later than November 11, 2022.

Any additional questions regarding applications may be addressed to Lynn Frendak at lynn.frendak@maryland.gov and/or Mangesh Joglekar at mangesh.joglekar@maryland.gov.

Contact: Deborah Washington (410) 767-1455

[22-22-02]

 

MARYLAND DEPARTMENT OF HEALTH

Subject Public Meeting

Date and Time: November 3, 2022, 9 a.m. — 1 p.m.

Place: Virtual meeting — please see details below.

Add’l. Info: Please be advised that the November 3, 2022, Pharmacy and Therapeutics (P&T) Committee public meeting will be conducted virtually by way of a Webinar.

     As soon as available, classes of drugs to be reviewed, speaker registration guidelines, and procedure to register to attend the virtual meeting will be posted on the Maryland Pharmacy Program website at:

https://health.maryland.gov/mmcp/pap/Pages/Public-Meeting-Announcement-and-Procedures-for-Public-Testimony.aspx

     Please submit questions to:

mdh.marylandpdlquestions@maryland.gov

Contact: Deborah Washington (410) 767-1455

[22-22-03]

 

MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION

Subject: Public Meeting

Date and Time: August 25, 2022, 10 a.m. — 12 p.m.

Place: 1800 Washington Blvd., Ste. 330, Baltimore, MD

Add’l. Info: The next regular Commission meeting is scheduled for Thursday, August 25, 2022, in-person and via livestream at https://www.mdgaming.com/commissionmeeting-8-25-2022/. The exact conference room location of the meeting will be provided on the mdgaming.com website closer to the date of the meeting.

Contact: Kathy Lingo (410) 230-8790

[22-22-04]

MARYLAND HEALTH CARE COMMISSION

Subject: Notice of Receipt of a Letter of Intent and Review for Alcoholism and Drug Abuse Intermediate Care Facility Beds

Add’l. Info: On October 3, 2022, the MHCC received a Letter of Intent from:

Powell Recovery Center, Inc. — Establish two Track II ASAM Level 3.7 and 3.7 Withdrawal Management facilities with 16 beds each to be located at 9 South Broadway, Baltimore and 15 South Broadway, Baltimore City, 21231.

     Pursuant to COMAR 10.24.01.08A(3) the Commission hereby initiates a 30-day period in which additional Letters of Intent to apply for a Certificate of Need may be submitted to establish a Track II Alcoholism and Drug Abuse Treatment Facility beds in Central Maryland (Baltimore City and Baltimore, Harford, Howard and Anne Arundel Counties). Additional Letters of Intent should be submitted to the MHCC, 4160 Patterson Avenue, Baltimore, Maryland 21215 and emailed to ruby.potter@maryland.gov and are due by the close of business on November 21, 2022.

Contact: Ruby Potter (410) 764-3460

[22-22-05]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Receipt of Certificate of Need Application

Add'l. Info: On October 7, 2022, the Maryland Health Care Commission (MHCC) received a Certificate of Need application submitted by Chesapeake Eye Surgery Center — Matter No. 22-02-2461 — Conversion of an un-commissioned operating room into an approve operating room suite for a total of 3 operating rooms at the facility located at 2002 Medical Parkway, Suite 330, Annapolis; Project Cost: $636,164.

     The MHCC shall review the applications under Health-General Article, §19-101 et seq., Annotated Cod of Maryland, and COMAR 10.24.01.

     Any affected person may make a written request to the Commission to receive copies of relevant notices concerning the application. All further notices of proceedings on the application will be sent only to affected persons who have registered as interested parties.

     Please refer to the Matter No. listed above in any correspondence on the application. A copy of the application is available, for review, in the office of the MHCC, during regular business hours by appointment, or on the Commission’s website at www.mhcc.maryland.gov. All correspondence should be addressed to Paul Parker, Deputy Director, Center for Health Care Facilities Planning and Development, MHCC, 4160 Patterson Avenue, Baltimore, Maryland 21215.

Contact: Ruby Potter (410) 764-3460

[22-22-06]

 

WORKERS’ COMPENSATION COMMISSION

Subject: Public Meeting

Date and Time: October 27, 2022, 9:30 — 11 a.m.

Place: 10 E. Baltimore St., Baltimore, MD

Add’l. Info: Portions of this meeting may be held in closed session.

Contact: Amy S. Lackington (410) 864-5300

[22-22-07]

 

WORKERS’ COMPENSATION COMMISSION

Subject: Public Meeting

Date and Time: November 10, 2022, 9:30 — 11 a.m.

Place: 10 E. Baltimore St., Baltimore, MD

Add’l. Info: Portions of this meeting may be held in closed session.

Contact: Amy S. Lackington (410) 864-5300

[22-22-08]

 

WORKERS’ COMPENSATION COMMISSION

Subject: Public Meeting

Date and Time: December 8, 2022, 9:30 — 11 a.m.

Place: 10 E. Baltimore St., Baltimore, MD

Add’l. Info: Portions of this meeting may be held in closed session.

Contact: Amy S. Lackington (410) 864-5300

[22-22-09]